Larry Catá Backer's comments on current issues in transnational law and policy. These essays focus on the constitution of regulatory communities (political, economic, and religious) as they manage their constituencies and the conflicts between them. The context is globalization. This is an academic field-free zone: expect to travel "without documents" through the sometimes strongly guarded boundaries of international relations, constitutional, international, comparative, and corporate law.

Monday, April 02, 2018

国务院办公厅印发《科学数据管理办法》 Chinese State Council issues "Administrative Measures for Scientific Data"

China has been moving vigorously to develop its framework for the incorporation of data and algorithm in the construction of new systems of rule making for the better management of productive forces in the post 19th CPC Congress New Era. The object is to develop the capabilities for the implementation of social credit systems grounded on big data management through which management can be projected on the real time activities of enterprises, citizens, organizations and government officials. To that end it is necessary first to develop the capacity to produce and protect big data--the source from which information based governance systems can be constructed. (e.g.,Democracy
Part 40: From Mass Democracy to The "Wisdom of the Crowd"-- Socializing
People for Roles in New Data Driven Governance). But data protection is not limited to regulatory efforts, it is also tied to the protection of socialist modernization and the development of productive forces in the area of science and technology. That aggregation of objectives around data now drives some regulatory initiatives in China. This is especially important in light of recent scandals relating to scientific data in China (see, e.g., here, here, here, and here). "This month, in the wake of a fake peer review scandal that claimed 107 papers
by Chinese scholars, the country’s Ministry of Science and Technology
proclaimed a “no tolerance” policy for research misconduct — although
it’s not clear what that might look like." (Chinese courts call for death penalty for researchers who commit fraud).

It is possible that we now know what that policy might look like--and its integraiton into broader policies respecting data collection and retention. Recently, the Chinese State Council has taken an important step in the direction of developing robust measures for the generation and protection of the data necessary for the construction of social credit and other data based regulatory systems, including the protection of science and technology directed data generation and use. It has just issued its 科学数据管理办法》["Administrative Measures for Scientific Data"]

科学数据是国家科技创新发展和经济社会发展的重要基础性战略资源。近年来，随着我国科技投入不断增长，科技创新能力不断提升，科学数据呈现出“井喷式”增长，而且质量大幅提高。海量科学数据对生命科学、天文学、空间科学、地球科学、物理学等多个学科领域的科研活动更是带来了冲击性影响，科学研究方法发生了重要变革。科技创新越来越依赖于大量、系统、高可信度的科学数据，我国在科学数据开发利用、开放共享和安全保护等方面还有很大改进空间。[Scientific
data is an important basic strategic resource for national scientific
and technological innovation and economic and social development. In
recent years, with the continuous increase in China’s investment in
science and technology and the continuous improvement in scientific and
technological innovation capabilities, scientific data has exhibited
“blowout” growth, and the quality has greatly increased. Massive
scientific data has brought impact impacts on scientific research
activities in many disciplines such as life sciences, astronomy, space
science, earth science, and physics. The scientific research method has
undergone important changes. Scientific and technological innovation is increasingly dependent on
massive, systematic, high-confidence scientific data. There is still
much room for improvement in the development and utilization of
scientific data, open sharing, and security protection in China.]

This post includes the text of 国务院办公厅印发《科学数据管理办法》plus a crude translation into English. The Announcement includes an important introductory section along with the measures themselves (科学数据管理办法 [Scientific Data Management Approach]).

The General Office of the State Council issued the "Administrative Measures for Scientific Data"2018-04-03 China Government NetworkRecently,
the General Office of the State Council issued the "Administrative
Measures for Scientific Data Management" (hereinafter referred to as
"Measures") to further strengthen and standardize scientific data
management, ensure the safety of scientific data, increase the level of
open sharing, and better serve the country's scientific and
technological innovation, economic and social development, and National security provides support.Scientific
data is an important basic strategic resource for national scientific
and technological innovation and economic and social development. In
recent years, with the continuous increase in China’s investment in
science and technology and the continuous improvement in scientific and
technological innovation capabilities, scientific data has exhibited
“blowout” growth, and the quality has greatly increased. Massive
scientific data has brought impact impacts on scientific research
activities in many disciplines such as life sciences, astronomy, space
science, earth science, and physics. The scientific research method has
undergone important changes. Scientific and technological innovation is increasingly dependent on
massive, systematic, high-confidence scientific data. There is still
much room for improvement in the development and utilization of
scientific data, open sharing, and security protection in China.The
"Measures" implement the spirit of the Nineteenth National Congress of
the Communist Party of China, take Xi Jinping's socialist ideology with
Chinese characteristics as a guide, deeply grasp the development trend
of scientific data in the era of big data, fully draw on domestic and
foreign advanced experience and mature practices, and strengthen the
full life cycle of scientific data. Management
puts data security at the forefront, highlights the importance of
scientific data sharing and utilization, innovates institutional
mechanisms, focuses on weak links, and strengthens and standardizes
scientific data management. This will further improve the level of
scientific data in China and bring into play the national financial
input and output. Benefits are of great significance to improving scientific and
technological innovation, economic and social development, and national
security support and support capabilities.The
Measures clarify the general principles, main responsibilities, data
collection, exchange and preservation, sharing and utilization, and
confidentiality and security of China's scientific data management, and
put emphasis on specific management measures in five areas. The
first is to clarify the division of responsibilities of all parties,
strengthen the main body of legal entity responsibility, clarify the
responsibilities of competent authorities, embody “who owns and who is
responsible” and “who is open and who benefits”. Second,
in accordance with the principle of “classified classification and
management to ensure safety and controllability,” competent authorities
and legal entities determine the confidentiality and opening conditions
of scientific data according to law, and strengthen the supervision of
the sharing and use of scientific data. The
third is to strengthen the protection of intellectual property rights,
regulate the conduct of users and producers of scientific data, and show
respect for the intellectual property rights of scientific data. Fourth,
the scientific data produced by the Science and Technology Plan project
are required to be subject to mandatory exchanges, and standardized
management and long-term preservation are conducted through scientific
data centers, and data accumulation and open sharing are strengthened. Fifth,
it is proposed that legal entities should establish incentive
mechanisms in terms of job setup, performance income, and job title
assessment, and strengthen scientific data management capabilities.

The General Office of the State Council circulatedNotice of Scientific Data Management MeasuresThe State Council issued No. 17 (2018)The
people's governments of provinces, autonomous regions, and
municipalities directly under the Central Government, the ministries and
commissions of the State Council, and the agencies directly under the
State Council:The "Administrative
Measures for Scientific Data" has been approved by the State Council and
is now printed and distributed to you. Please implement it in earnest.Office of the State CouncilMarch 17, 2018(This article is released publicly)

Scientific Data Management ApproachChapter 1 GeneralThe
first is to further strengthen and standardize the management of
scientific data, ensure the safety of scientific data, increase the
level of openness and sharing, and better support national scientific
and technological innovation, economic and social development, and
national security. According to the "Progress of the People's Republic
of China on Science and Technology," and "Chinese People The Provisions of the People's Republic of China on Promoting the
Transformation of Scientific and Technological Achievements and the
Provisional Measures for the Administration of the Sharing of
Administrative Information Resources shall be formulated.Article
2 The scientific data referred to in these Measures shall be mainly
included in the natural sciences, engineering and technical sciences,
and other fields, and shall be obtained and used for data obtained
through basic research, applied research, and experimental development,
as well as through observation and monitoring, investigation and
investigation, and inspection and testing. The raw data of scientific research activities and their derived data.Article 3 These Measures shall apply to such activities as collection,
production, processing, open sharing, management and use of scientific
data supported by government budget funds.Any unit or individual engaged in scientific data related activities
within the territory of the People's Republic of China and meets the
conditions prescribed in these Measures shall be implemented in
accordance with these Measures.Article 4 Scientific data management follows the principles of
hierarchical management, safety control, and full utilization, defining
the main responsibility, strengthening capacity building, and promoting
openness and sharing.Article 5 Any unit or individual engaged in the collection,
production, use, or management of scientific data shall abide by the
relevant laws and regulations of the State and department rules, and
shall not use scientific data to engage in activities that endanger
national security, public interests or the legitimate rights and
interests of others.Chapter II DutiesArticle 6 The system of scientific data management shall be organized
by the state as a whole and all departments shall be responsible for the
division of workers.Article 7 The administrative department of science and technology
under the State Council shall take the lead in the overall management
and comprehensive coordination of scientific data across the country.
The main responsibilities are:(1) Organizing research and development of national scientific data management policies and standards;(2) Coordinating and promoting scientific data standard management, open sharing and evaluation and evaluation;(3) To coordinately promote the construction and development of the National Scientific Data Center;(D) Responsible for the construction of national scientific data network management platform and data maintenance.Article 8 The main responsibilities of relevant departments of the
State Council and relevant departments of the provincial people's
government (hereinafter collectively referred to as the competent
department) in the management of scientific data are:(1) Responsible for establishing and improving the scientific data
management policies and rules and regulations of this department (local
area), and publicizing and implementing the national scientific data
management policies;(B) to guide its subsidiary legal entities to strengthen and standardize scientific data management;(3) Doing or authorizing the relevant units to do a good job of
scientific data sizing in accordance with relevant state regulations;(4) Overall planning and construction of scientific data centers of
this department (local area) to promote the openness and sharing of
scientific data;(5) To establish a sound and effective incentive mechanism and
organize the evaluation and assessment of the scientific data work of
the legal entities subordinate to the department (local area).Article 9 The legal entities concerning scientific research
institutes, colleges and universities, and enterprises (hereinafter
collectively referred to as legal entities) are responsible subjects for
the administration of scientific data. Their main responsibilities are:(1) Implement the national and departmental (local) scientific data
management policies, and establish and improve relevant management
systems for scientific data of the unit;(2) Scientific data collection, production, processing, and long-term
preservation in accordance with relevant standards and standards to
ensure data quality;(3) Doing a good job in the confidentiality and safety management of scientific data in accordance with relevant regulations;(4) Establishing a scientific data management system, promulgating an
open catalogue of scientific data, updating it in time, and actively
carrying out scientific data sharing services;(5) Responsible for the conditions, funds, and personnel guarantees
for the software and hardware facilities required for scientific data
management operations.Article 10 The scientific data center is an important carrier for
promoting the openness and sharing of scientific data. It is entrusted
by competent authorities to establish legal entities with conditions,
and the main responsibilities are:(1) To undertake the integration and exchange of scientific data in related fields;(b) Responsible for the classification, classification, analysis, and analysis of scientific data;(3) To ensure the safety of scientific data and promote the openness and sharing of scientific data according to law;(d) Strengthen exchanges and cooperation in scientific data at home and abroad.Chapter III Collection, Exchange, and PreservationArticle 11 Legal persons and scientific data producers shall organize
and carry out scientific data collection, production, processing and
arrangement in accordance with relevant standards and regulations to
form an easy-to-use database or data set.The legal entity shall establish a scientific data quality control system to ensure the accuracy and availability of the data.Article 12 The competent department shall establish a scientific data
exchange system, and carry out the scientific data exchange work of the
department (local area) on the basis of the national unified government
affairs network and data sharing and exchange platform.Article
13 The scientific data formed by scientific and technological plans
(special projects, funds, etc.) funded by government budget funds shall
be submitted by the project leader to the relevant scientific data
centers. The scientific data center that receives the data should issue a certificate of exchange.The management departments of science and technology plans (special
funds, funds, etc.) at all levels shall establish a mechanism for the
exchange of scientific data, acceptance of scientific and technological
plans (special projects, funds, etc.), and the scientific data generated
after acceptance of projects/projects shall also be submitted.Article 14 Competent departments and legal entities shall establish
and improve the management system for the submission of data for
academic papers at home and abroad.When scientific data created by government budget funds are used to
compose and publish relevant scientific data when publishing papers in
foreign academic journals, the authors of the thesis shall submit the
scientific data to their units for unified management before the
publication of the paper.Article 15 Scientific data involving state secrets, national security,
and public interests that are formed by social funds must be submitted
in accordance with relevant regulations.Other scientific data generated from the encouragement of social funding shall be submitted to relevant scientific data centers.Article 16 A legal entity shall establish a system for the
preservation of scientific data and provide necessary facilities such as
data storage, management, service, and security to ensure the integrity
and safety of scientific data.Article 17 A legal entity shall strengthen the construction of a
scientific data talent team and establish an incentive mechanism in
terms of job setting, performance income, and job title assessment.Article 18 The administrative department for science and technology
under the State Council shall strengthen its overall layout and optimize
the integration to form a national scientific data center on the basis
of a scientific data center with good conditions and obvious advantages
in resources.Chapter 4 Sharing and UtilizationArticle
19 The scientific data formed by the government budget funds shall be
in accordance with the principle of opening as the exception and not
being open, and the competent department shall organize the compilation
of the scientific data resource catalog. The relevant catalogs and data
shall be timely accessed to the national data sharing and exchange
platform. The society and
relevant departments are open to sharing, and the scientific data are
shared between the military and the people. Except where there are special provisions in national laws and regulations.Article
20 Legal entities shall classify scientific data, classify the
confidentiality and duration of confidentiality of scientific data, open
conditions, open objects, and audit procedures, publish scientific data
open catalogs as required, and download online, share offline, or
customize services. And other ways open to the community to share.Article
21 The legal entity shall, based on demand, analyze and mine scientific
data to form valuable scientific data products and carry out
value-added services. Encourage social organizations and enterprises to carry out market-based value-added services.Article 22 Competent departments and legal entities shall actively
promote the publication and dissemination of scientific data, and
support scientific researchers in organizing the publication of
scientific data with clear, accurate and complete property rights and
high sharing value.Article 23 Users of scientific data shall abide by the relevant
provisions of intellectual property rights and shall indicate the
scientific data used and referenced in the work of publication, patent
application, and monograph publication.Article
24 Where scientific data are required for government decision-making,
public safety, national defense construction, environmental protection,
disaster prevention and reduction, public welfare scientific research,
etc., the legal entity shall provide it without compensation; if fees
are really required, procedures and non- The principle of profit is to establish a reasonable charge standard and announce it to the public and accept supervision.For scientific activities that require the use of scientific data, the
parties should sign a paid service contract to clarify the rights and
obligations of both parties.If there are special provisions in national laws and regulations, they shall comply with its provisions.Chapter 5 Confidentiality and SecurityArticle
25 Scientific data concerning state secrets, national security, social
public interests, trade secrets and personal privacy shall not be open
to the outside world; if it is really open to the outside world, it
shall review the purposes of use, user qualifications, and
confidentiality conditions. And strictly control the scope of knowledge.Article
26 The collection, production, processing, management, and use of
scientific data involving state secrets shall be carried out in
accordance with relevant State secrecy provisions. The competent authorities and legal entities shall establish and
improve a system of scientific data management and use involving state
secrets, and strictly manage the links of production, verification,
registration, copying, transmission, and destruction.In
the case of foreign exchanges and cooperation that need to provide
scientific data concerning state secrets, the legal entity shall clearly
state the type, scope, and use of the data to be used, and report to
the competent department for approval in accordance with the procedures
for the administration of confidentiality. After being approved by the competent authority, the legal entity
shall go through relevant formalities in accordance with regulations and
sign a confidentiality agreement with the user.Article 27 Competent departments and legal entities shall strengthen
the safety management of scientific data throughout its life cycle,
formulate scientific data security protection measures, and strengthen
protection management of data download authentication, authorization,
etc. to prevent data from being used maliciously.For scientific data that need to be published externally or scientific
data that needs to be provided externally, the competent authorities
and legal entities should establish a corresponding security review
system.Article
28 Legal entities and scientific data centers shall establish network
security assurance systems in accordance with the national cyber
security management regulations, adopt safe and reliable products and
services, and improve the management of data management and control,
attribute management, identification, behavior tracing, and blacklist
management. Measures to improve the security protection system against tamper, leakage, attack, and virus.Article 29 Scientific data centers shall establish emergency
management and disaster recovery mechanisms, establish emergency
management systems as required, and back up important scientific data in
different places.Chapter VI Supplementary ProvisionsArticle 30 Competent departments and legal entities shall establish
and improve evaluation systems for the evaluation of scientific data
management and open and shared work.Article 31 For acts of forgery of data, infringement of intellectual
property rights, failure to submit data in accordance with regulations,
etc., the competent department may, according to the severity of the
circumstances, order the relevant units and responsible persons to order
rectification, report criticism, and dispose of the punishment or
impose administrative penalties according to law.The units and individuals that violate the relevant laws and
regulations of the State shall be prosecuted for corresponding
responsibilities according to law.Article 32 The competent department may formulate detailed implementation rules with reference to these Measures. Scientific data management systems that involve the field of national defense are separately stipulated by relevant departments.Article 33 The present Measures shall come into force as of the date of issuance.

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All essays are (c) Larry Catá Backer except where otherwise noted. All rights reserved. The essays may be cited and quoted with appropriate reference. Suggested reference as follows: Larry Catá Backer, [Essay Title], Law at the End of the Day, ([Essay Posting Date]) available at [http address].

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Globalization Law and Policy Series from Ashgate Publishing

Globalization: Law and Policy will include an integrated bodyof scholarship that critically addresses key issues and theoretical debates in comparative and transnational law. Volumes in the series will focus on the consequential effects of globalization, including emerging frameworks and processes for the internationalization, legal harmonization, juridification and democratization of law among increasingly connected political, economic, religious, cultural, ethnic and other functionally differentiated governance communities. This series is intended as a resource for scholars, students, policy makers and civil society actors, and will include a balance of theoretical and policy studies in single-authored volumes and collections of original essays.

An interview with the Series EditorQueries and book proposals may be directed to:Larry Catá BackerW. Richard and Mary Eshelman Faculty Scholarand Professor of Law, Professor of International AffairsPennsylvania State University239 Lewis Katz BuildingUniversity Park, PA 16802email: lcb911@gmail.com

About Me

I hope you enjoy these essays. Each treats aspects of the relationship between law, broadly understood, and human organization. My essays are about government and governance, based on the following assumptions: Humans organize themselves in all sorts of ways. We bind ourselves to organization by all sorts of instruments. Law has been deployed to elaborate differences between economic organizations (principally corporations, partnerships and other entities), political organization (the state, supra-national, international, and non-governmental organizations), religious, ethnic and family organization. I am not convinced that these separations, now sometimes blindly embraced, are particularly useful. This skepticism serves as the foundation of the essays here. My thanks to Arianna Backer for research assistance.